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Surya kkkkk (software engineer)     26 February 2017

I married married girl

Hi Sir,

I married a married girl wh had not got divorse from first husband.and here first husband caught paport proof of my wife wich says I am married to her.And he is not in position to compromise and I and my wife are in USA

Question:Please let me know how can I escape.What punishment  I can I get at max?



Learning

 7 Replies

Vivek   26 February 2017

I am a common man.

Your query is confusing.

But what I understand is that the first husband is in India and the Wife got married with someone in the USA without divorce. As far as i know the law its a punishable and you will not escape if husband files case in India. I am not sure about the punishment.

 


(Guest)

This is direct proof which her husband has got.  This amounts to adultery, he ie the first husband can make you a party to the case as adulterer and can send you to jail 5 years or fine or both.  However the woman wont be punished, the first husband can claim divorce based on this. Under 497 IPC and cl. (i) of sub-sec. (1) of s. 13 of Hindu Marriage Act 1956.

G.L.N. Prasad (Retired employee.)     26 February 2017

Take advocate into confidence and do not post confidential information in open forums.  Marrying a lady, when she is already having husband is a serious offense, and then admitting in open forum and seeking solution is more serious.  Atleast if it was without your knowledge or concealment of information by the lady, it may be different .   But here both the illegitimate partners are aware of the facts, and still seek guidance for continuing the offense.


(Guest)

Correct. By above Mr GLN.  You already admitting offence.  Delete your post.  Its easy to trace who you are.  Contact advocate locally.

G.L.N. Prasad (Retired employee.)     26 February 2017

Even without admission, there are such documentary proofs with Emmigration and other passport applications.    If a common man without any education living in villages commit such offense one can understand, but if an educated man, deliberately committing an offense and fabricating records knowing the repurcussions is some thing strange.   Love is blind and blind persons are accidental prone.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 February 2017

At the time of your marriage did you know that the girl was already married to another man?

If you did not know nothing would happen to you. But if you know Section 497 of IPC says:

Whoever has s*xual intercourse with a person who is or whom he knows or has reason to believe to be the wife of another another man, without the consent or connivance of that man, ------------------ is guilty of an offence of adultery. Punishment is 5 years' imprisonment, fine or both. There is no punishment for the wife.

But as soon as you came to know that she was wife of another man, you should desist from having s*xual intercourse with her with proof for the same. Your marriage also would be null and void.

In any case you wife will be punishable under Section 17 of Hindu Marriage and Divorce Act, 1955 and under IPC 494 and 495. Under 494 she can get up to 7 years' imprisonment. If she had concealed the first marriage from you she can get up to 10 years under Section 495. If Sections 495 and 497 are put together only one of you can be punished under one of the two Sections.

These are laws of India. I do not know about US laws.

Kumar Doab (FIN)     26 February 2017

Agreeing with members/experts, you may approach your own very able counsel of unshakable repute.

You seem to have other issues as well e.g;

https://www.lawyersclubindia.com/forum/Share-in-my-wife-property-buyed-on-1979-147373.asp

Are you married with this woman since/before  1979 (38 years or more)?


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